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AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondents were the victims of kerosene explosions that occurred at different locations in Lagos, and on different dates. They filed a joint action against the Appellant at the Lagos State High Court, wherein they claimed -
"The sum of N22,075,200.00 being special and General damages and compensation for the permanent bodily injuries, medical bills, loss of earnings and destruction of personal properties all resulting from the direct negligence for sale of contaminated killer kerosene which explosions and fire incidence occurred on 11/10/2001, 17/10/2001 and 15/11/2001 respectively to which the Defendant is directly liable in damages and compensation to the Plaintiffs".
The Appellant entered a conditional appearance, and also filed a Notice of Preliminary Objection to the hearing of the Suit on the following Grounds-
i. The action of the Claimants/Respondents is incompetent or not properly constituted in that the Claima…